[Added 12-1-1989; amended 9-6-1991]
[Amended 2-15-1994]
The R-1B Zone District is designed for and permits the following
uses as herein regulated:
B.
Planned adult residential community (ARC) developments, each designed as a single entity, which shall include all those uses listed under Subsection B(1), (2), (3) and (4) below and permits those uses under Subsection B(5) below as follows:
(1)
Institutionalized care facilities designed for the elderly, as defined in § 160-5 of this chapter. Such institutionalized care shall be limited to:
(2)
Housing facilities for the elderly, as defined in § 160-5 of this chapter, which require functionally unassisted accommodations.
(3)
Limited retail business and professional office facilities designed
primarily for access by and service for the convenience of the occupants
of the ARC.
(4)
Private open space or recreation facilities or municipal or
Board of Education parks, playgrounds, buildings and uses deemed necessary
and appropriate by the Township of White.
(5)
Accessory uses customarily incidental, necessary and subordinate to the uses permitted under Subsection B(1), (2), (3) and (4) above, including not more than one caretaker's residence for each ARC development, recreation, parking and utility facilities, signs as regulated in § 160-86 of this chapter and maintenance equipment structures.
[Amended 10-13-1995]
[Amended 3-8-2012 by Ord. No. 2012-2]
Any use other than those uses listed in § 160-133 above is prohibited, including but not limited to kennels and pet shops.
The following requirements shall be complied with in the R-1B
Zone:
A.
Uses permitted in the R-1 Detached Single-Family Residence District shall meet all of the required conditions of § 160-130 of this chapter.
B.
Planned adult residential community (ARC) developments shall meet
all of the following requirements:
(1)
Said general development plan shall indicate in sufficient detail
all aspects of the project as set forth in N.J.S.A. 40:55D-45.2.
[Amended 2-15-1994]
(a)
The Board shall find the following facts and conclusions:
[2]
That the proposals for maintenance and conservation of the common
open space are reliable, and the amount, location and purpose of the
common open space are adequate.
[3]
That provision through the physical design of the proposed development
for public services, control over vehicular and pedestrian traffic
and the amenities of light and air, recreation and visual enjoyment
are adequate.
[4]
That the proposed planned development will not have an unreasonably
adverse impact upon the area in which it is proposed to be established.
[5]
In the case of a proposed development which contemplates construction
over a period of years, that the terms and conditions intended to
protect the interests of the public and of the residents, occupants
and owners of the proposed development in the total completion of
the development are adequate.
(2)
The minimum gross tract area available for any ARC developments shall be 140 acres. In the event that the developer intends to dedicate and convey any parcel of the tract for ownership and use by the Township or Board of Education as provided in § 160-139A of this chapter, a subdivision, limited to accommodate such dedication and conveyance, shall be permitted.
(3)
Each ARC development shall have delineated proportions of the
tract area relative to the designated land uses designed as approved
by the Planning Board and in the following manner:
[Amended 2-15-1994]
(a)
For institutionalized-care facilities as permitted under § 160-133B above, not less than 10% nor more than 15% of the gross tract area shall be provided.
(b)
For housing facilities for the elderly as permitted under § 160-133B above, not less than 50% nor more than 60% of the gross tract area shall be provided.
(c)
For retail and office uses as permitted under § 160-133B(3) above, not less than 1% nor more than 3% of the gross tract area shall be provided.
(d)
For permanent open space/recreation facilities where public use is permitted under § 160-133B(4) above, not less than 40 acres of the gross tract area shall be provided. To the extent possible, this land shall be configured to provide the greatest flexibility of use. Terrain, location and parcel size shall be optimized.
[Amended 10-13-1995]
(4)
Utilities.
(a)
Every building within the ARC development shall be connected to a public sewage disposal and central potable water system, as approved by the Planning Board. Additionally, the area utilized for open space in accordance with § 160-139 shall have public sewage and central potable water services made available by the developer of the ARC to the satisfaction of the White Township Planning Board. The sewage and water capacity provided shall be sufficient to accommodate the uses as approved by the White Township Planning Board in the general development plan, pursuant to Subsection B(1).
(b)
All utility lines, including power, telephone and cable television
lines, shall be installed underground and adequately shielded.
[Amended 2-15-1994]
(c)
Fire hydrants shall be installed by the developer in adequate
numbers and at locations recommended by the Township Engineer and
Fire Chief.
[Amended 2-15-1994]
(d)
On-site public utilities facilities may serve off-site uses
as permitted by the Planning Board.
(e)
No development shall be permitted until site plan approval has
been granted.
[Amended 2-15-1994]
(5)
Notwithstanding the number of intended construction phases of the ARC development, the entire project shall be designed as a single entity, the design for which shall be approved by the Planning Board pursuant to Subsection B(1). Construction phasing shall be in accordance with the Municipal Land Use Law of the State of New Jersey.[2] The scheduling of construction and the issuance of permits shall be consistent with § 160-140 of this article.
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(6)
Architecture and construction.
(a)
The architecture employed shall be aesthetically congruous among
structures, phases and sections of the ARC development, as well as
with the surrounding area as approved by the Planning Board. All buildings
shall be constructed in accordance with the Uniform Construction Codes[3] and shall comply with all requirements of the applicable
Fire Code, as well as any applicable municipal or state requirements.
(b)
All exteriors of building perimeter walls shall be of wood,
brick, stone, vinyl siding or other accepted durable material; provided,
however, that asbestos shingle or cinder block as an exterior finish
is prohibited.
[Amended 10-13-1995]
(c)
The exterior of accessory structures shall harmonize architecturally
with and be constructed of materials of like character to those used
in principal structures.
(d)
In order to promote the development of harmonious streetscapes,
the design of individual detached units shall utilize a suitable variety
of different exterior finish materials and employ altering design
of facades. Adjoining dwellings shall be either distinctly different
models or have distinctly different facades with distinctly different
finish materials throughout.
Use on that portion of the tract delineated by the general development plan for institutionalized-care facilities, as permitted under § 160-133B(1) above, shall meet the following standards:
A.
Development intensity. There shall be a capacity for not more than
20 beds or accommodations for over 20 patients or residents per acre
of land within the tract portion as delineated. For the purpose of
establishing development intensity, the calculation of patient capacities
within nursing units or residential health-care units shall be by
actual bed count provided. The calculation of patient/resident capacities
within congregate housing facilities shall be by multiplying each
bedroom provided by 1 1/2.
B.
Floor area ratio. The floor area of all buildings shall not exceed
35% of the land area within the tract portion as delineated.
D.
Setbacks. No building or structure of any kind other than those which
may be necessary to provide or control access to the permitted use
shall be placed within 65 feet of a project perimeter or any perimeter
of the tract.
[Amended 2-15-1994; 10-13-1995]
E.
Height. No building or structure shall exceed 42 feet in height;
provided, however, that no building shall have more than three stories.
This shall be conditioned upon a finding by the Planning Board that
all fire companies serving the development possess adequate fire-fighting
equipment which will permit fire fighters to reach the roofs of such
buildings.
[Amended 10-13-1995]
F.
Parking. Off-street parking shall be provided at the rate of 1/2
space per patient or resident capacity. Off-street parking facilities
are permitted in any yard, provided that no parking area may be within
25 feet of any street line or 65 feet from any other perimeter line
of the tract portion as delineated.
[Amended 10-13-1995]
Uses on that portion of the tract delineated by the general development plan for housing elderly persons as permitted under § 160-133B(2) above shall meet the following standards:
A.
Housing types. Residential accommodations for elderly persons shall
be comprised of either one or a combination of the following dwelling
types:
(2)
Patio houses, consisting of two attached individual dwellings,
each occupied exclusively as a residence by one family, attached by
a common (party) wall to not more than one similar structure, surrounded
by open space on three sides. This open space shall be divided from
the open space generally available to the public, creating private
open space for each unit. This division may be accomplished through
construction of walls, landscaping or other means approved by the
Planning Board. Common (party) walls may be along living areas, garages,
porches, courts or combinations thereof.
[Amended 10-13-1995]
(3)
Detached houses, each occupied exclusively as a residence by
one family and unattached to any other dwelling by any means; provided,
however, that the number of such detached housing units may not be
less than 50% of all dwelling units to be constructed as housing facilities
for the elderly.
B.
Density. The maximum residential density shall not exceed 3 3/4
units per acre of land within the tract portion as delineated. For
purposes of this section, a "unit" is defined as a single-family unit.
[Amended 2-15-1994; 10-13-1995]
C.
Setbacks. No building shall be closer than:
(1)
Sixty-five feet to the perimeter of tract portion as delineated.
[Amended 2-15-1994]
(2)
Twenty-five feet to the curbline of any internal public or private
roadway from any portion of the structure other than porches (including
steps). Porches (including steps) may be constructed no closer than
20 feet to the curbline.
[Amended 10-13-1995]
D.
Building height. No building shall exceed a height of 35 feet or
two stories, whichever is the lesser.
E.
Screening. Those setbacks required under Subsection C(1) above shall be designed to function as landscaped buffer areas and shall not contain any building, structure or improvements other than for necessary access into the interior of the portion of the tract as delineated and as approved by the Planning Board; provided, however, that customary driveways leading to attached garages are permitted within the setback required under Subsection C(2) above.
F.
Distance between buildings.
(1)
Townhouses: 75 feet between structures, except 35 feet where
an end wall of a townhouse structure faces an end wall of another
townhouse structure, patio house or detached house. No building or
recreational facility shall be located within 75 feet of a power line
right-of-way or within 200 feet of an unshielded electrical facility.
[Amended 2-15-1994]
(2)
Patio houses: 50 feet between structures, except the structures
may be separated by a distance not less than the average height of
the buildings, measured from ground levels to the peak of the roof
where an end wall of a patio house faces the end wall of another patio
house or of a detached house. Where one or both roofs of adjacent
buildings slope away from the neighboring structure, the building
height shall be measured at a point 1/2 the distance between the roof
peak and the roof gutter to ground level.
[Amended 10-13-1995]
(3)
Detached houses: 50 feet between structures, except that where
an end wall of a detached house faces the end wall of another detached
house or a patio home, the separation shall be not less than the average
height of the two structures measured from ground level to the peak
of the roof. Where one or both roofs of adjacent buildings slope away
from the neighboring structure, the building height shall be measured
at a point 1/2 the distance between the roof peak and the roof gutter
to ground level.
[Amended 10-13-1995]
G.
Building size. No residential structure may contain more than six
dwelling units.
H.
Partitions. There shall be between each attached dwelling unit a
fire wall constructed to meet the specifications of the most recent
edition of the BOCA Basic Building Code. Such noncombustible wall
shall have a sound transmission classification (STC) of not less than
52 based on the laboratory test procedure specified in the American
Society for Testing and Materials recommended practice E-90-66T, as
revised.
I.
Access. No direct access to any residential unit shall be permitted from any public street or highway at the perimeters of the ARC tract. Access shall be discouraged from any public through road within the ARC tract. However, where the Planning Board finds that, due to the application of specific design and construction techniques (e.g., curvilinear layout, significant street landscaping and street furniture, widths of not more than 24 feet curb to curb), such access may be permitted by the Board. Internal access to individual residential units may be provided by way of drives to remain under private association ownership or by way of streets to be dedicated to the Township as, where and if the Planning Board finds that such streets promote the purposes of area- or Township-wide circulation and that Township jurisdiction serves the public interest. The Planning Board may require private or public ownership of roadways and shall consider the specific characteristics of the particular situation in making such a determination. All public or private streets and drives shall be constructed in accordance with the requirements of Chapter 223 of the Code of the Township of White and the relevant provisions of Article XI of this chapter of the Code of the Township of White.
[Amended 10-13-1995]
J.
Walks. There shall be an adequate system of pedestrian walks serving all facilities within the development, providing access to residential units, accessory structures, parking areas, open spaces, commercial facilities, recreational and other communal facilities and along vehicular roadways as deemed necessary by the Planning Board. Such walks shall be constructed in accordance with standards provided in Articles IX and XI of this chapter.
Uses on that portion of the tract delineated by the general development plan for business and office uses, as permitted under § 160-133B(3) above, shall meet the following standards:
A.
Uses. Uses shall be strictly limited to convenience commercial facilities designed primarily to service patients and residents of the ARC development, consisting only of uses listed under Subsection A(1), (2) and (3) below, provided that the uses as listed under Subsection A(1) and (3) below shall not occupy more than an aggregate of 80% of the total floor area constructed within that portion of the tract delineated by the general development plan pursuant to § 133-135B(3)(c) above.
(1)
Retail business operations dispensing grocery, food, pharmaceutical,
drug and stationery supplies and optical, jewelry and gift items,
as well as banks and restaurants, other than drive-in restaurants.
(2)
Professional offices of medical doctors, dentists, chiropractors,
lawyers, financial planners and accountants.
(3)
Service establishments of barbers, beauticians, laundromat operators,
dry cleaners, photographic studios, shoe repair shops, garment pressing,
tailor shops and medical and health services, excluding veterinarian
services.
B.
Development intensity. The floor area of all buildings shall not exceed 30% of the land area within the tract portion as delineated, provided that no single retail business use, occupancy or operation as permitted under Subsection A(1) of this section shall have a floor area in excess of 6,000 square feet.
C.
Setbacks. No building or structure shall be placed within 65 feet
of the perimeter of the tract portion as delineated or from any public
or private roadway.
[Amended 2-15-1994; 10-13-1995]
D.
Building height. No building height shall exceed two stories or 35
feet, whichever is the lesser.
E.
Parking. Off-street parking as required in § 160-79 of this chapter shall be provided. Off-street parking facilities are permitted in any yard, provided that no parking area may be within 25 feet from any public or private roadway or within 50 feet from any other perimeter line of the tract portion as delineated.
F.
Not fewer than one loading zone measuring 20 feet by 50 feet shall
be provided for safe loading and unloading, isolated from pedestrian
and patron vehicular movements, for each nonresidential building,
including nursing homes and other institutional uses.
[Amended 2-15-1994]
G.
Outdoor activities. Except for off-street parking as herein regulated,
each permitted use shall be conducted within a completely enclosed
building. No storage or display of merchandise, articles, vending
machines or equipment shall be permitted outside any building. Mechanical
equipment or trash storage facilities necessary for the operation
of a permitted use shall be fenced or screened as required by the
Planning Board.
H.
Signs. The installation of any signs shall be in compliance with provisions of § 160-86E of this chapter.
I.
Provision shall be made for storage and removal of waste and recyclable
materials as regulated within White Township.
[Added 2-15-1994]
[Amended 2-15-1994]
Uses on and conditions for that portion of the tract delineated by the general development plan for permanent open space, recreation facilities or public uses as permitted under § 160-133B(4) above shall meet the following standards:
A.
Ownership. The developer of the ARC may either voluntarily deed to the Township of White and the Township may, at its sole discretion, accept for public purposes land delineated by the general development plan pursuant to § 160-135B(3)(d) above, or, alternately, the developer may set aside lands so delineated for permanent open space in private ownership.
B.
Uses as deemed appropriate by the Planning Board to serve expected
populations.
(1)
Lands in public ownership may be used for recreational or educational
purposes, including parks, playgrounds and schools, as approved by
the Planning Board. Lands in private ownership shall be developed
and used by the owners, residents and/or patients of the ARC, as well
as members of the general public who may be permitted use of these
facilities only for recreational purposes, and shall include the following
recreation amenities: a minimum of eight picnic areas; nature trails
suitably improved, traversing and linking all recreation amenities
in the permanent open space areas; four tennis courts; one swimming
pool of Olympic size, with changing cabanas and a clubhouse of sufficient
size to accommodate the residents and/or patients of the ARC as well
as the general public as permitted; and four horseshoe pits and shuffleboard
courts.
[Amended 10-13-1995]
(2)
The Planning Board shall have the power to grant such exceptions
from the above requirements as may be reasonable if the literal enforcement
of one or more provisions is impracticable or will exact undue hardship
because of peculiar conditions pertaining to the land in question.
C.
Area. That portion of the tract delineated by the general development plan, pursuant to § 160-135B(3)(d) above, whether designated for public or private ownership, shall have a contiguous area of not less than 25 acres. This open space specifically does not include private open space incorporated in yards for attached or detached dwellings and semiprivate open space for the use and enjoyment of residents of the institutional facilities and their guests.
[Amended 10-13-1995]
D.
Organization.
(1)
In instances where lands delineated by the general development plan pursuant to § 160-135B(3)(d) above are designated for private ownership, the developer shall make provision for the establishment of an open space organization, which shall own and maintain said lands and improvements thereon for the benefit of owners, residents and/or patients of the ARC. Such organization shall not be dissolved and shall not dispose of any lands and/or improvements, by sale or otherwise, except to an organization conceived and established to own and maintain the land and improvements, for the benefit of the ARC development, and thereafter such organization shall not be dissolved or dispose of its holdings without first offering to dedicate the same to the Township of White.
(2)
In the event that such organization shall fail to maintain its
premises in reasonable order and condition, the Township Committee
may serve written notice upon such organization or upon the owners
of the development setting forth the manner in which the organization
has failed to maintain the land and improvements in reasonable condition,
and said notice shall include a demand that such deficiencies of maintenance
be remedied within 35 days thereof and shall state the date and place
of a hearing thereon which shall be held within 15 days of the notice.
At such hearing, the Township Committee may modify the terms of the
original notice as to deficiencies and may give a reasonable extension
of time, not to exceed 65 days, within which they shall be remedied.
If the deficiencies set forth in the original notice or in the modification
thereof shall not be remedied within said 35 days or any permitted
extension thereof, the Township Committee, in order to preserve and
maintain the premises for a period of one year, may enter upon and
maintain such land and improvements. Said entry and maintenance shall
not vest in the public any rights to use the premises except when
the same is voluntarily dedicated to the public by the owners. Before
the expiration of said year, the Township Committee shall, upon its
initiative or upon the request of the organization theretofore responsible
for the maintenance of the premises, call a public hearing upon 15
days' written notice to such organization and to the owners of the
development, to be held by the Township Committee, at which hearing
such organization and the owners of the development shall show cause
why such maintenance by the Township shall not, at the election of
the Township, continue for a succeeding year. If the Township Committee
shall determine that such organization is ready and able to maintain
said premises in reasonable condition, the Township shall cease to
maintain said premises at the end of said year. If the Township Committee
shall determine that such organization is not ready and able to maintain
said premises in a reasonable condition, the Township may, in its
discretion, continue to maintain said premises during the next succeeding
year, subject to a similar hearing and determination in each year
thereafter. The decision of the Township Committee in any such case
shall constitute a final administrative decision subject to judicial
review.
(3)
The cost of such maintenance by the Township shall be assessed
pro rata against the properties within the development, the owners
of which have the right of enjoyment of the premises, in accordance
with assessed value at the time of imposition of the lien and shall
become a lien and tax on said properties and be added to and be a
part of the taxes to be levied and assessed thereon and shall be enforced
and collected with interest by the same officers and in the same manner
as other taxes.
E.
Setback. No building or structure of any kind other than those which
may be necessary to provide or control access to a permitted use shall
be placed within 75 feet from the perimeter of the tract portion as
delineated.
In order to assure that the required elements of the ARC as listed under § 160-133B(1), (2), (3) and (4) of this article are developed in proper phasing sequence, the following schedule shall be complied with:
A.
No construction permit for any construction on the ARC tract shall be issued until the establishment and disposition of the open space parcel as outlined in § 160-139 above shall have previously been accomplished.
B.
The applicant may obtain construction permits for up to 1/3 of the
housing units for the elderly as delineated following site plan approval.
The remaining 2/3 of such housing units for the elderly shall not
be constructed until a proportional amount of the recreation amenities
have been installed in a variety and location sufficient to serve
the residents of those housing units previously constructed.
[Amended 2-15-1994; 10-13-1995]
C.
The applicant may obtain construction permits for up to 50% of the ultimate floor area of the business and off ice units delineated on the general development plan for such uses pursuant to § 160-138 hereinabove, provided that certificates of occupancy for at least 5% of the total residential units within that portion of the tract delineated by the general development plan for housing facilities for the elderly pursuant to § 160-137 hereinabove shall have been issued. Construction permits for up to 100% of the ultimate floor area of the business and office units delineated on the general development plan for such uses pursuant to § 160-138 hereinabove may be obtained by the applicant, provided that certificates of occupancy for 50% of the total residential uses within that portion of the tract delineated by the general development plan for housing facilities for the elderly pursuant to § 160-138 hereinabove shall have already been issued.
[Amended 2-15-1994; 10-13-1995]
[Amended 2-15-1994]
As a condition of preliminary and final site plan/subdivision approval, a developer in the ARC District shall submit a certification of compliance acceptable to the Planning Board which states that the developer is in compliance with the requirements of the Fair Housing Amendment Act of 1988 and will be in compliance to the extent possible and feasible with such further amendments of the Fair Housing Act as are applicable. The certification of compliance shall also contain a hold harmless and indemnification provision protecting the Township of White from any and all civil rights or other lawsuits arising out of the developer's or its successor in title's failure to comply with the Fair Housing Amendment Act of 1988 and amendments thereto. The developer shall comply with all requirements of Article IX of this chapter in securing site plan approval.
A.
Any conveyance of property or property rights by the developer, its
successors or assigns in an ARC Zone must contain deed restrictions
which put the transferee on notice that the occupancy of property
in the ARC Zone is age restricted.
[Amended 6-26-2008 by Ord. No. 2008-8]
B.
Prior to the sale of any units within the ARC, the developer shall
execute and record a declaration of covenants and restrictions as
approved by the Planning Board, by the terms of which all lands within
the ARC and the owners thereof shall be, at all times, bound to certain
uniform requirements and standards for the maintenance and repair
of the common elements and limited common elements as defined in N.J.S.A.
46:8B-1 et seq.
C.
The deed of conveyance for all residential units in the ARC Zone
shall, among other things, provide that:
(1)
No exterior alterations or improvements shall be made to a unit
without prior approval of the association of homeowners created in
the declaration of covenants and restrictions.
(2)
The maintenance of the common elements and limited common elements
shall be the responsibility of the association of homeowners created
in the declaration of covenants and restrictions.
(3)
There shall be no detached accessory structures permitted on
the premises.
(4)
There shall be no satellite dishes or swimming pools or the
parking of trailers, boats or commercial vehicles, other than in enclosed
garages, on the premises.
Each dwelling unit in the ARC development must be occupied by
one permanent resident 55 years of age or older. No permanent resident
shall be 40 years of age or younger. One temporary resident who provides
necessary health care to a permanent resident of the dwelling units
may be 21 years of age or older, provided that such an individual
may not be accompanied by any person(s) intending to reside at the
premises of the unit temporarily or otherwise.
Prior to the issuance of certificates of occupancies as required under § 160-87D of this chapter as a condition of an initial or a change in the occupancy, tenancy or nature of use, the Zoning Officer shall verify compliance with the age restrictions, established by § 160-143 above, for residents of the ARC. Upon application for a certificate of occupancy, all prospective occupants of the respective residential or institutionalized-care units shall furnish conclusive proof of age, such as a certified birth certificate, to the Zoning Officer.
[Added 2-15-1994]
A.
This zone lies wholly within an area underlain by the Kittatinny
Limestone formation. This formation consists of several members formed
over the Cambrian and Ordvician Periods of geologic time. This formation
lies at varying depths from exposed outcroppings to tens of feet below
the unconsolidated soil mantle.
B.
It is the solubility of these carbonate rocks which gives rise to
the particular concern of the Township. Carbonate rock tends to develop
solution features. These are sink holes, relatively wide channels
along bedding planes or fractures, caves and other significant vulnerabilities
in the rock itself. Where these features are isolated from development
and its effects, they are of little concern. Where, however, they
are disturbed through construction or alteration of drainage patterns
or are subjected to pollution injection, a threat arises to the health,
safety and welfare of the residents of a development, the community
and the region at large.
C.
White Township and the region are dependent upon subsurface aquifer
systems for water supply. Introduction of rapidly transmitted pollutants
to those aquifers must be avoided. The following requirements pertain
to all land located in the R-1B Zone:
(1)
At the time of application for general development plan approval,
an applicant shall locate all sink holes, disappearing streams or
other karst features and all known or suspected faults. These data
shall be derived from on-site investigation by a qualified engineer
or geologist with expertise in karst terrains.
(2)
All karst features identified or inferred shall be integrated
into any design. The integrity and stability of the carbonate rock
shall be maintained or enhanced.
[Added 2-15-1994]
A.
Purpose.
(1)
Landscaping shall be provided as part of site plan and subdivision
design. It shall be conceived in a total pattern throughout the site,
integrating the various elements of site design, preserving and enhancing
the particular identity of the site and creating a pleasing site character.
(2)
Landscaping may include plant materials such as trees, shrubs,
ground cover, perennials and annuals and other materials such as rocks,
water, sculpture, art, walls, fences, and building and paving materials.
B.
Landscaping plan. A landscaping plan shall be submitted with each
site plan application, unless an exception is granted. The plan shall
identify existing and proposed trees, shrubs, ground cover, natural
features, such as rock outcroppings, and other landscaping elements.
The plan should show where they are or will be located and planting
and/or construction details. When existing natural growth is proposed
to remain, the applicant shall include in the plans proposed methods
to protect existing trees and growth during and after construction.
C.
Site protection and general planting requirements.
(1)
Topsoil preservation. Topsoil moved or imported during the course
of construction shall be redistributed on all regraded surfaces so
as to provide at least four inches of even cover to all distributed
areas of the development and shall be stabilized by seeding or planting.
(2)
Removal of debris. All stumps and other tree parts, litter,
brush, weeds, excess or scrap building materials or other debris shall
be removed from the site and disposed of in accordance with the law.
No tree stumps, portions of tree trunks or limbs shall be buried anywhere
in the development. All dead or dying trees, standing or fallen, shall
be removed from the site. If trees and limbs are reduced to chips,
they may, subject to approval of the Planning Board Engineer, be used
as mulch in landscaped areas. A developer shall be exempt from these
provisions, however, and shall be permitted to dispose of site-generated
new construction wastes on site as long as the conditions set forth
in N.J.A.C. 7:26-1.7 are met.
(3)
Protection of existing plantings. Maximum effort should be made
to save fine specimens (because of size or relative rarity). No material
or temporary soil deposits shall be placed within four feet of shrubs
or 10 feet of trees designated to be retained on the preliminary and/or
final plat. Protective barriers or tree wells shall be installed around
each plant and/or group of plants that are to remain on the site.
Barriers shall not be supported by the plants they are protecting,
but shall be self-supporting. They shall be a minimum of four feet
high and constructed of a durable material that will last until construction
is completed. Snow fences and silt fences are examples of acceptable
barriers.
(4)
Slope plantings. Landscaping of the area of all cuts and fills
and/or terraces shall be sufficient to prevent erosion, and all roadway
slopes steeper than one-foot vertically to three feet horizontally
shall be planted with ground covers appropriate for the purpose and
soil conditions, water availability and environment.
(5)
Additional landscaping. In residential developments, besides
the screening and street trees required, additional planting or landscaping
elements shall be required throughout the subdivision where necessary
for climate control, for privacy or for aesthetic reasons in accordance
with a planting plan approved by the Planning Board and taking into
consideration cost constraints. In nonresidential developments, all
areas of the site not occupied by buildings and required improvements
shall be landscaped by the planting of grass or other ground cover,
shrubs and trees as part of a site plan approved by the Planning Board.
(6)
Planting specifications. Deciduous trees shall have at least
a two-inch caliper at planting. Wherever possible, on-site vegetation
shall be used to meet the requirements of this subsection. Where on-site
vegetation is insufficient to meet the requirements, nursery-grown
materials shall be acceptable. All trees, shrubs and ground cover
shall be planted according to acceptable horticulture standards. Dead
or dying plants shall be replaced by the developer during the following
planting season.
(7)
Plant species. The plant species selected should be hardy for
the particular climatic zone in which the development is located and
appropriate in terms of function and size.
D.
Street trees.
(1)
Location. Street trees shall be installed on both sides of all
streets in accordance with the approved landscape plan. Trees shall
either be massed at critical points or spaces evenly along the street,
or both.
(a)
When trees are planted at predetermined intervals along streets,
spacing shall depend on mature tree size as follows:
|
Tree Size
(feet)
|
Planting Interval
(feet)
| |
|---|---|---|
|
Large trees (40+)
|
50 to 70
| |
|
Medium-sized trees (30 to 40)
|
40 to 50
| |
|
Small trees (to 30)
|
30 to 40
|
(b)
When the spacing interval exceeds 40 feet, small ornamental
trees can be spaced between the larger trees. If a street canopy effect
is desired, trees may be planted closer together, following the recommendation
of a certified landscape architect. The trees shall be planted so
as not to interfere with utilities, roadways, sidewalks, sight easements
or streetlights. Tree location, landscaping design and spacing plan
shall be approved by the Planning Board as part of the landscape plan.
(2)
Tree type. Tree type may vary depending on the overall effect
desired, but as a general rule all trees shall be the same kind on
a street except to achieve special effects. Where appropriate a mix
of dominant and understory species shall be approved by the Planning
Board.
(3)
Planting specifications. All trees shall have a minimum caliper
of two inches where off-site trees are to be used. They shall be nursery
grown, of substantially uniform size and shape and have straight trunks.
Trees shall be properly planted and staked and provision made by the
applicant for regular watering and maintenance until they are established.
Dead or dying trees shall be replaced by the applicant during the
next planting season.
E.
Buffering.
(1)
Function and materials. Buffering shall provide a year-round
visual screen in order to minimize adverse impacts from a site on
an adjacent property or from adjacent areas. It may consist of fencing,
evergreens, berms, rocks, boulders, mounds or combinations of these
to achieve the stated objectives.
(2)
When required. Buffering shall be required when topographic
or other barriers do not provide reasonable screening and when the
Planning Board determines that there is a need to shield the site
from adjacent properties and to minimize adverse impacts such as incompatible
land uses, noise, glaring light and traffic. In small-lot developments,
when building design and siting do not provide privacy, the Planning
Board may require landscaping, fences or walls to ensure privacy and
screen dwelling units. When required, buffers shall be measured from
side and rear property lines, excluding access driveways.
(a)
Where more intensive land uses abut less-intensive uses, a buffer
strip of 25 feet, (but not to exceed 10% of the lot area) in width
shall be required.
(b)
Parking areas, garbage collection and utility areas and loading
and unloading areas should be screened around their perimeter by a
buffer strip a minimum of five feet wide.
(c)
Where residential subdivisions abut higher-order streets (collectors
or arterials), adjacent lots should front on lower-order streets,
and a landscaped buffer area shall be provided along the property
line abutting the road. The buffer strip shall be a minimum of 25
to 35 feet (but not to exceed 10% of the lot area) wide or wider where
necessary for the health and safety of the residents, and include
both trees and shrubs.
(3)
Design. Arrangement of plantings in buffers shall provide maximum
protection to adjacent properties and avoid damage to existing plant
material. Possible arrangements include planting in parallel, serpentine
or broken rows. If planted berms are used, the minimum top width shall
be four feet, and the maximum side slope shall be 2:1.
(4)
Planting specifications. Plant materials shall be sufficiently
large and planted in such a fashion that a screen at least eight feet
in height shall be produced within three growing seasons. All plantings
shall be installed according to accepted horticulture standards.
(5)
Maintenance. Plantings shall be watered regularly and in a manner
appropriate for the specific plant species through the first growing
season, and dead or dying plants shall be replaced by the applicant
during the next planting season. No buildings, structures, storage
of materials or parking shall be permitted within the buffer area,
buffer areas shall be maintained and kept free of all debris, rubbish,
weeds and tall grass.
F.
Parking lot landscaping.
(1)
Amount required. In parking lots, at least 5% of the interior
parking area shall be landscaped with plantings, and one tree for
each 10 spaces shall be installed. Parking lot street frontage screening
and perimeter screening shall be a minimum of five feet wide. Planting
required within the parking lot is exclusive of other plantings requirements,
such as for street trees.
(2)
Location. The landscaping should be located in protected areas,
such as along walkways, in center islands, at the end of bays or in
diamonds between parking stalls. All landscaping in parking areas
and on the street frontage shall be placed so that it will not obstruct
sight distance.
(3)
Plant type. A mixture of hardy flowering and/or decorative evergreen
and deciduous trees may be planted. The area between trees shall be
planted with shrubs or ground cover or covered with mulch.
G.
Paving materials and walls and fences.
(1)
Paving materials. Design and choice of paving materials used
in pedestrian areas shall consider the following factors: cost, maintenance,
use, climate, characteristics of users, appearance, availability,
glare, heat, drainage, noise, compatibility with surroundings, decorative
quality and aesthetic appeal. Acceptable materials shall include but
are not limited to concrete, brick cement pavers, asphalt and stone.
(2)
Walls and fences shall be erected where required for privacy,
screening, separation or security or to serve other necessary functions.
H.
Street furniture.
(1)
Street furniture, such as but not limited to trash receptacles,
benches, phone booths, etc., shall be located and sized in accordance
with their functional need.
(2)
Street furniture elements shall be compatible in form, material
and finish. Style shall be coordinated with that of the existing or
proposed site architecture.
(3)
Selection of street furniture shall consider durability, maintenance
and long-term cost.
I.
[1]
Editor's Note: Original § 71-81.3, R-1C Detached
Single-Family Residence District, added 12-2-1994, as amended, which
immediately followed this section, was repealed 4-3-2003 by Ord. No.
2002-7. This ordinance also provided that the former R-1C Zone District
shall henceforth be R-1 Detached Single-Family Residence District.
